NY State Senate Bill 2023-S1256B

Senate Bill S1256B

2023-2024 Legislative Session

Relates to requiring consumer reporting agencies contact consumers when requests are made for their consumer reports

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection
Jun 05, 2023	print number 1256b
Jun 05, 2023	amend and recommit to consumer protection
May 11, 2023	print number 1256a
May 11, 2023	amend (t) and recommit to consumer protection
Jan 11, 2023	referred to consumer protection

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S1256 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §380-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8303
2019-2020: S4421
2021-2022: S3466

2023-S1256 - Summary

Requires that consumer reporting agencies contact consumers when a request is made for their consumer reports; requires consumer reporting agencies to provide the consumer with information pertaining to the entity that requested the consumer report.

2023-S1256 - Sponsor Memo

                                 
BILL NUMBER: S1256

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring cred-
it reporting agencies contact consumers when an inquiry is made into
their credit history

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require credit reporting agencies contact
consumers when an inquiry is made into their credit history to better
provide control and awareness to consumers regarding aspects of their
credit.

 
SUMMARY OF PROVISIONS:

Section 380-d of the general business law is amended by adding a new
subdivision (a-i) which requires that a consumer reporting agency, upon
the occurrence of a consumer report request on any consumer, notify the
consumer. It further allows the consumer to contact the consumer report-

ing agency who shall provide information regarding the report, given the
consumer can sufficiently provide identification.

 
JUSTIFICATION:

Recent breaches to consumer privacy and information have created circum-
stances which require further protection of consumers.  Providing the
tools and information to consumers is a necessary step in creating a
safer and more protective environment for consumers.  This bill alerts
consumers to potential threats to their credit and provides them with
the ability to access important information.  Consumers are better able
to safeguard themselves from unwarranted damage to their credit with
this information.

 
PRIOR LEGISLATIVE HISTORY:

2022: S3466

2018: S8303(Comrie)/A10411(Niou) - referred to consumer
protection/referred to consumer affairs and protection

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect in 90 days.

2023-S1256 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1256
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens.  COMRIE, PARKER -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection
 
 AN ACT to amend the general business law, in relation to requiring cred-
   it  reporting  agencies contact consumers when an inquiry is made into
   their credit history

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  380-d  of the general business law is amended by
 adding a new subdivision (a-1) to read as follows:
   (A-1) EVERY CONSUMER REPORTING AGENCY SHALL, UPON THE OCCURRENCE OF  A
 CONSUMER  REPORT  REQUESTED ON ANY CONSUMER, NOTIFY SUCH CONSUMER OF THE
 REQUEST BY MAIL AND ELECTRONIC MAIL. ONCE  NOTIFIED,  THE  CONSUMER  MAY
 CONTACT  THE  CONSUMER  REPORTING AGENCY WHO SHALL PROVIDE SUCH CONSUMER
 WITH THE NAME OF THE PERSON THAT REQUESTED THE REPORT, THE NATURE OF THE
 REQUEST, THE DATE OF THE REQUEST, AND THE AMOUNT OF ANY POTENTIAL  LOAN,
 IF  KNOWN.  SUCH  CONSUMER  SHALL  PROVIDE THE CONSUMER REPORTING AGENCY
 SUFFICIENT PROOF  OF  IDENTIFICATION  PURSUANT  TO  SUBDIVISION  (T)  OF
 SECTION  THREE  HUNDRED EIGHTY-A OF THIS ARTICLE BEFORE THE CONSUMER MAY
 RECEIVE ANY INFORMATION IN ACCORDANCE WITH THIS SUBDIVISION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03419-01-3

co-Sponsors

2023-S1256A - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §380-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8303
2019-2020: S4421
2021-2022: S3466

2023-S1256A - Summary

2023-S1256A - Sponsor Memo

                                 
BILL NUMBER: S1256A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
consumer reporting agencies to contact consumers when requests are made
for their consumer reports

 
PURPOSE:

The purpose of this bill is to require that consumer reporting agencies
contact consumers when an inquiry is made into their consumer reports to
better provide control and awareness to consumers regarding their
reports.

 
SUMMARY OF PROVISIONS:

Section 380-d of the general business law is amended by adding a new
subdivision (a-i) which requires that a consumer reporting agency, upon
the occurrence of a consumer report request on any consumer, notify the
consumer. It further allows the consumer to contact the consumer report-

ing agency who shall provide information regarding the report, given the
consumer can sufficiently provide identification.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

Amendments clarify and make it consistent that the bill requires notifi-
cation when a request is made for a consumer report and not just a
consumer credit report, which is a type or component of a consumer
report.

 
JUSTIFICATION:

Recent breaches to consumer privacy and information have created circum-
stances which require further protection of consumers.  Providing the
tools and information to consumers is a necessary step in creating a
safer and more protective environment for consumers.  This bill alerts
consumers to potential threats to their credit or other aspects of their
lives, providing them with the ability to access important information.
Consumers are better able to safeguard themselves from unwarranted
damages with this information.

 
LEGISLATIVE HISTORY:

2021-2022:A02484(Niou) - referred to consumer affairs and protection
/S3466(Comrie) - referred to consumer protection

2019-2020:A618(Niou)/54421(Comrie) - referred to consumer affairs and
protection/referred to consumer protection

2018: S83039(Comrie)/A10411(Niou) - referred to consumer
protection/referred to consumer affairs and protection

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect 90 days after it becomes law.

2023-S1256A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1256--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens.  COMRIE, PARKER -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   consumer reporting agencies to contact  consumers  when  requests  are
   made for their consumer reports
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-d of the general business  law  is  amended  by
 adding a new subdivision (a-1) to read as follows:
   (A-1)  EVERY CONSUMER REPORTING AGENCY SHALL, UPON THE OCCURRENCE OF A
 CONSUMER REPORT REQUESTED ON ANY CONSUMER, NOTIFY SUCH CONSUMER  OF  THE
 REQUEST  BY  MAIL  OR  ELECTRONIC  MAIL. ONCE NOTIFIED, THE CONSUMER MAY
 CONTACT THE CONSUMER  REPORTING  AGENCY  WHO  SHALL  PROVIDE,  UPON  THE
 REQUEST  OF  SUCH  CONSUMER,  THE  NAME  OF  THE  PERSON  OR ENTITY THAT
 REQUESTED THE REPORT, THE  NATURE  OF  THE  REQUEST,  THE  DATE  OF  THE
 REQUEST,  AND THE AMOUNT OF ANY POTENTIAL LOAN RELATING TO SUCH REQUEST,
 TO THE GREATEST EXTENT PRACTICABLE.  SUCH  CONSUMER  SHALL  PROVIDE  THE
 CONSUMER REPORTING AGENCY SUFFICIENT PROOF OF IDENTIFICATION PURSUANT TO
 SUBDIVISION (T) OF SECTION THREE HUNDRED EIGHTY-A OF THIS ARTICLE BEFORE
 THE  CONSUMER MAY RECEIVE ANY INFORMATION IN ACCORDANCE WITH THIS SUBDI-
 VISION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03419-03-3

co-Sponsors

2023-S1256B (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §380-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8303
2019-2020: S4421
2021-2022: S3466

2023-S1256B (ACTIVE) - Summary

2023-S1256B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1256B

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
consumer reporting agencies to contact consumers when requests are made
for their consumer reports

 
PURPOSE:

The purpose of this bill is to require that consumer reporting agencies
contact consumers when an inquiry is made into their consumer reports to
better provide control and awareness to consumers regarding their
reports.

 
SUMMARY OF PROVISIONS:

Section 380-d of the general business law is amended by adding a new
subdivision (a-i) which requires that a consumer reporting agency, upon
the occurrence of a consumer report request on any consumer, notify the
consumer. It further allows the consumer to contact the consumer report-

ing agency who shall provide information regarding the report, given the
consumer can sufficiently provide identification.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

Amendments clarify and make it consistent that the bill requires notifi-
cation when a request is made for a consumer report and not just a
consumer credit report, which is a type or component of a consumer
report.

 
JUSTIFICATION:

Recent breaches to consumer privacy and information have created circum-
stances which require further protection of consumers.  Providing the
tools and information to consumers is a necessary step in creating a
safer and more protective environment for consumers.  This bill alerts
consumers to potential threats to their credit or other aspects of their
lives, providing them with the ability to access important information.
Consumers are better able to safeguard themselves from unwarranted
damages with this information.

 
LEGISLATIVE HISTORY:

2021-2022: A02484 (Niou) - referred to consumer affairs and protection
/S3466 (Comrie) - referred to consumer protection

2019-2020: A618(Niou)/54421 (Comrie) - referred to consumer affairs and
protection/referred to consumer protection

2018: S83039 (Comrie)/A10411 (Niou) - referred to consumer
protection/referred to consumer affairs and protection

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect 90 days after it becomes law.

2023-S1256B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1256--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens.  COMRIE, PARKER -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   consumer reporting agencies to contact  consumers  when  requests  are
   made for their consumer reports
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-d of the general business  law  is  amended  by
 adding a new subdivision (a-1) to read as follows:
   (A-1)  EVERY CONSUMER REPORTING AGENCY SHALL, UPON THE OCCURRENCE OF A
 CONSUMER REPORT REQUESTED ON ANY CONSUMER, NOTIFY SUCH CONSUMER  OF  THE
 REQUEST  BY  MAIL  OR  ELECTRONIC  MAIL TO THE EXTENT PRACTICABLE.  ONCE
 NOTIFIED, THE CONSUMER MAY CONTACT THE  CONSUMER  REPORTING  AGENCY  WHO
 SHALL PROVIDE, UPON THE REQUEST OF SUCH CONSUMER, THE NAME OF THE PERSON
 OR ENTITY THAT REQUESTED THE REPORT, THE NATURE OF THE REQUEST, THE DATE
 OF  THE  REQUEST,  AND THE AMOUNT OF ANY POTENTIAL LOAN RELATING TO SUCH
 REQUEST, TO THE GREATEST EXTENT PRACTICABLE. SUCH CONSUMER SHALL PROVIDE
 THE CONSUMER REPORTING AGENCY SUFFICIENT PROOF OF IDENTIFICATION  PURSU-
 ANT TO SUBDIVISION (T) OF SECTION THREE HUNDRED EIGHTY-A OF THIS ARTICLE
 BEFORE  THE CONSUMER MAY RECEIVE ANY INFORMATION IN ACCORDANCE WITH THIS
 SUBDIVISION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03419-04-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1256B

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

co-Sponsors

Kevin S. Parker

2023-S1256 - Details

2023-S1256 - Summary

2023-S1256 - Sponsor Memo

2023-S1256 - Bill Text download pdf

co-Sponsors

Kevin S. Parker

2023-S1256A - Details

2023-S1256A - Summary

2023-S1256A - Sponsor Memo

2023-S1256A - Bill Text download pdf

co-Sponsors

Kevin S. Parker

2023-S1256B (ACTIVE) - Details

2023-S1256B (ACTIVE) - Summary

2023-S1256B (ACTIVE) - Sponsor Memo

2023-S1256B (ACTIVE) - Bill Text download pdf

Comments